Right to privacy under Indian law

Right to privacy in India is a peculiar blend of constitutional, customary and common law right scattered over various legal fields. Privacy is not a static concept, but a dynamic one. Though, it varies time to time, culture to culture, it is always inevitable for the civilized society. There is no express provision in the Constitution of India, but right to privacy has got a secure position under it. Article 21 miraculously has been playing a major role in the safeguard of privacy as an essential ingredient of personal liberty. Though, there are several customary and constitutional provisions for right of privacy, without statutory protection this right cannot be protected in a meaningful way.

There is need for a constitutional amendment whereby right to privacy should either be added in Article 21 or a new clause should be added in Article 19, which would be subject to appropriate judicial control, so that balance is struck between individual's privacy and social exposure.
Even if privacy is made as a fundamental right, a separate legislation becomes necessary to regulate it. Right to privacy, therefore, should not rely on other laws. It should be developed as an independent right.